Terms of service

Effective as of July 2022.

Please read these Terms & Conditions carefully. We encourage you to check our site for updates and changes to these Terms. Your continued use of or access to our site constitutes acceptance of these terms and revisions.

Terms & Conditions | Terms & Conditions of Sale

These Terms and Conditions (Terms of Use) govern your use of our site, https://www.demayskincare.com (“Site”) and apply to the purchase of any products through this Site, including e-gift cards (Merchandise). Prior to submitting an order by clicking the ‘submit order’ button on the checkout page, you have an opportunity to save or print a copy of these Terms and Conditions (“Terms”) to keep on file for future reference regarding the order you are submitting. The Site is provided as a service to our customers.

Please be informed that this electronic agreement contains an arbitration requirement and waiver of right to bring class actions (see below).

You agree to contract electronically with DeMay Skin Care LLC by using and purchasing products/services through this Site where these Terms are posted. Please refer to our Privacy Policy which is incorporated by reference herein, explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your information. If you do not agree with these Terms and our Privacy Policy, you may not use the Service, or provide us with your personal information.

You also agree that these Terms combined with your act of using the Services offered on our Site have the same force and effect as your written signature and satisfy any law that require a writing or written signature or contract. You agree not to challenge the validity, enforceability, or admissibility of these Terms on the basis that it was electronically transmitted or authorized. You further acknowledge that you have had the opportunity to have a copy of this electronic contract by printing and reviewing these Terms and the Privacy Policy.

We reserve the right to update and modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use the Site. Please refer to the “Effective Date” above to see when this Agreement was last updated. If you have questions about the changes of these Terms contact us at customercare@demayskincare.com.

1. Scope

These Terms govern and apply to the relationship between (a) DeMay and its affiliates that operate this Site. It also includes the online e-commerce platform Shopify that power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. When acting as the seller/reseller of the products and services offered on this Site (the actual seller hereinafter referred to as the “Seller”, “we”, “us”) and (b) you (the “Buyer”, “you”, “your”) for the purchase by you of products and/or services and your use of this Site.

These Terms will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence, or elsewhere notwithstanding any provisions to the contrary in such other terms and conditions. The Seller reserves the right to amend these Terms at its sole discretion. Any amendments to these terms and conditions will become effective immediately upon posting and apply to any orders made via this Site or information provided or updated after such posting.

2. Age Restriction

This Site is not intended for children. If you use this Site to register an account, purchase a product from us, you affirm that you are at least 18 years of age, and are fully able and competent to enter into, and comply with, these Terms and agree to our Privacy Policy.

We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe we have collected personal identifiable information from a person under the age of 18, please contact us at customercare@demayskincare.com with a reference in the subject line “Children/Minor Data Deletion Request”, and we will delete information.

3. Placement of Order, Acceptance, and Billing

Orders may be placed exclusively online at this Site, which is available in English. All orders are subject to verification and acceptance before shipping. Before placing the order, you may review and change data related to the order at any time in the “cart” area of this Site. You may identify and correct input errors any time before submitting the order by clicking the "submit order" button, and may do so by reviewing the order and the price, reviewing the details of each product, and selecting or deselecting a product as well as our Return Policy.

You may also place an order through your account after you have successfully registered here. You must keep your user name and password and any other information needed to login to your account, if applicable, confidential and secure. We are not responsible for any unauthorized access to, or any use of, your Account by others.

The presentation of products on this Site does not constitute a binding offer from the Seller.

We reserve the right to refuse and cancel an order for any reason, including on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention team. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. DeMay might request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you. However, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

You agree to accept and pay for the item(s) of Merchandise by confirming your purchase at the end of the checkout process. You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with an e-gift card (collectively, “Gift Card”), PayPal account, and Amazon Payment. Orders placed using PayPal, Amazon Payments, and e-gift card cannot be modified.  However, if you need to modify an order that you paid for with funds through PayPal or Amazon Payments, please contact customer care to cancel the existing order and place a new one.

For the avoidance of doubt, these Terms shall apply to your use of this Site and the formation of any purchase contract as soon as you review the products and services advertised on this Site. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Incomplete or Inaccurate order cannot be processed due to error information you have provided such as incorrect credit/debit card number, billing/shipping address, or any suspected fraudulent information.

4. Cancellations and Returns

DeMay formulates every product with passion and meticulous ingredient selection. However, if you choose to cancel an order, it must be done before shipping (typically, it takes 1-2 business days to process an order). Due to the nature of our products, we do not accept returns or exchanges.

Any items purchased on sale or at a discount price are final and cannot be returned for a refund.

5. Product Descriptions and Prices

We do not warrant that product descriptions or other content available in this Site are accurate, complete, current or effort-free, even though we aim to keep this site as up to date as possible.

We take all reasonable effort to ensure that descriptions, details, and prices of the products appearing on this Site are accurate at the time they are entered onto the system. In case, some of the products listed on this Site may be incorrectly priced or described, we reserve the right to cancel your order prior to sending you shipping confirmation (as defined above) or to supply it at the previously indicated price. We will contact you by email to explain the issue and to confirm if you want to proceed with the purchase.

Product prices are in US Dollars and are stated exclusive of delivery charges, which will be indicated separately on this Site and before order completion.

6. Delivery and Risks

Products advertised for sale on this Site may be ordered only if the invoice and delivery addresses are within the United States of America. Standard shipping generally is free with all orders of $59 or more, except for Alaska, Hawaii, or Puerto Rico. It takes about 3 to 10 business days to deliver depending on region and weather condition.

We will make every effort to deliver the product to you within the time indicated on this Site and in any event within thirty (30) calendar days of order confirmation. Nonetheless, the times indicated on this Site are predictive only. We shall not be liable in any way if delivery takes place at a later date.

To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered product through no fault of its own, we shall be entitled to withdraw from the contract with the Buyer. In this case the Buyer will be advised immediately that the product is unavailable (out-of-stock). We will then cancel the order and return the sums paid by you within seven (7) business days of the day after the end of the delivery period.

The Seller ships all orders via a parcel service USPS, UPS, or FEDEX. The Seller insures all merchandises until they have been delivered at your address. In case of incomplete or damaged deliveries, please contact us at customercare@demayskincare.com. Please refer to our Return Policy for additional information.

If the Buyer was apprised of the delivery date within a reasonable time period, but it is impossible to effect delivery through no fault of its own, for example because the delivered merchandise does not fit through the Buyer's building door, front door, or the staircase; because the Buyer cannot be found at the address he indicated, the Buyer shall bear the costs for the unsuccessful delivery.

The products will be delivered to the place of delivery specified in the Seller’s shipping confirmation. Risk of loss, damage, and theft of the products transfers to the Buyer upon delivery.

Out of Stock Items

We apologize for the inconvenience this may cause. If your item is out of stock, we will contact you to discuss how you would like the order handled. DeMay does not back order.

7. Payment

Payment can be made by credit and debit cards, and reliable payment options as display in the Site. By using and verifying one of these payment methods, you confirm that the payment method being used is yours. The amount payable will be debited or charged to your account when we accept your order. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we shall postpone order and contact you. In that case we shall not be liable for any delay or non-delivery. To protect your credit card details, we will process payment by means of an encrypted connection supported by your browser. We are not liable for any misuse of information by third parties.

Payment is complete when our bank account is irrevocably credited with the amount due.

If you are in default or if your account cannot be debited upon acceptance of your order, the Seller shall be entitled automatically and without prior notice to charge daily late payment interest at the rate of applicable statutory interest rate for consumers. The Seller explicitly reserves the right to prove additional damages and collection costs and to claim compensation therefor.

8. Warranty

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free.

To the extend permitted by applicable Law, the Seller and its supplier make, and the Buyer receives, NO WARRANTIES or conditions express, implied, statutory, or otherwise, and the seller and its suppliers specifically make no representations with respect with products, any conditions of quality, availability, reliability, security, lack of viruses, bugs or errors, hidden defects and any implied warranties, including, without limitation, any warranty of title, merchantability, fitness for a particular purpose, or for hidden defects.

9. Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, affiliates, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) any materials or information you submit, post to or transmit through the Site, if any, (b) your access to or use of the Site (c) your violation of these Terms, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Site, and (e) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions.

10. Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, ACTUAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON THE CENTER'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM THE CENTER AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

TO THE EXTENT THAT ANY OF THE PROVISIONS OF THIS CLAUSE (EXCLUSIONS AND LIMITATIONS OF LIABILITY) ARE UNENFORCEABLE AS OUTRIGHT EXCLUSIONS OF LIABILITY, THEY SHALL BE CONSTRUED AS LIMITATIONS ON LIABILITY, LIMITING OUR LIABILITY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CONSUMER, THE PROVISIONS IN THESE TERMS OF USE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR STATE OF RESIDENCE.

NOTHING IN THESE TERMS AND CONDITIONS WILL EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR ANY DAMAGES CAUSED BY OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE TERMS AND CONDITIONS SHALL ALSO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

11. Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time, and to terminate any user at any time. Without limiting the foregoing, or assuming additional legal obligations, we have a policy of terminating repeat violators of these Terms and applicable law. Further, your representations, defense, and indemnification obligations survive any termination of these Terms. In the event that we terminate a user without cause, we may, but are under no obligation to, issue to such user a refund of any orders that have been placed, but have not yet been fulfilled.

Notwithstanding anything to the contrary herein, we also reserve the right to, in our sole discretion, take such actions as are necessary to avoid repeated violations of these Terms or applicable law, or protect other individuals from harm, including but not limited to restricting your access to or use of the Service, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

12. Class Action Waiver

By using the Site and agreeing to these Terms, you understand and agree that you will waive your right to have any dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”). Notwithstanding any other clause contained in these Terms or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.

13. Governing Law

Jurisdiction and venue of any matter not subject to arbitration shall lie exclusively in Pierce County, State of Washington. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Washington shall govern all other matters relating to or arising from the Terms or any element of your relationship with DeMay.

14. General terms

Applicable Law – Jurisdiction

By visiting this Site and and/or purchasing our products, you expressly agree that the Terms and any dispute, claim, action, cause of action, issue, or request for relief between you and DeMay arising out of or relating to these Terms, your visit to our Site, to products or services obtained on or through our Site (collectively “Disputes”) will be governed by and construed in accordance with the laws of the state of Washington, U.S.A., without giving effect to any conflict-of-law principles that may provide the application of the law of another jurisdiction. Each party to these Terms agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party hereby agrees to, and does, waive any right to a jury trial.

Severability

You agree that if any provision of these Terms is found to be invalid, unenforceable, or void, that provision shall be struck from the Terms, and the remainder of the Terms shall remain in full force and effect consistent with applicable law. However, in the event the provisions waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.

Limitation on Disputes

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within three (3) months after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

Waiver

Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. A waiver must be in writing and signed by the party giving the waiver.

e-Gift Card Policy

DeMay e- gift cards may be redeemed at DeMay Online Store at www.demayskincare.com. E-Gift cards cannot be used to purchase other e-gift cards. E-gift card cannot be exchanged/redeemable for cash. Lost or stolen gift cards cannot be replaced

Entire Agreement 

These Terms constitute the entire agreement of the parties with respect to this subject matter and your use of the www.demayskincare.com. There are no verbal or written collateral representations; agreements or understandings relevant to this subject matter except as specifically set forth in these Terms and Conditions.